THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE E UROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 47(2) thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article 251 of the Treaty [Opinion of the European Parliament of 13 January 2009 (not yet published in the Official Journal) and Council Decision of 22 June 2009.],

Whereas:

(1) Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) [OJ L 375, 31.12.1985, p. 3.] has been substantially amended several times [See Annex III, Part A.]. Since further amendments are to be made, it should be recast in the interests of clarity.